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Maggie’s Clubs Terms of Use Agreement
Welcome to www.maggiesclubs.com (the “Site”). The Site is operated by Evolution Events Online, Incorporated. By using the Site (including any content posted on the Site), whether or not you register as a member for the Site, you are agreeing to comply with and be bound by the following terms of use (the “Terms of Use”), as well as the Maggie’s Clubs Privacy Policy which is incorporated by reference into these Terms of Use and made a part hereof. Please review the following Terms of Use carefully. If you do not agree to the Terms of Use, you should not review information or otherwise use or obtain goods or services from the Site. 1. Acceptance of Terms of Use. You agree to the terms and conditions outlined in this Terms of Use. We reserve the right to amend the Terms of Use, in our sole discretion at any time from time to time, without specific notice to you – your continued use of the Site after we post any amendment to the Terms of Use constitutes your agreement thereto. The latest Terms of Use will be posted on the Site, and we encourage you to review the Terms of Use prior to using the Site. If you do not agree with the Terms of Use, your recourse is to cease use of the Site. The Terms of Use shall remain in full force and effect for so long as you use the Site. You may terminate your membership at the Site at any time by emailing such request to us at www.Maggiesclubs.com. We may terminate your membership at any time for any reason, in our sole discretion, effective immediately upon sending notice to you at the email address that you have provided in registration information. Notwithstanding any termination of your membership, Sections 4, 6, 7, 10, 11, 12, 14, 18 and 20 of the Terms of Use will remain in full force and effect. You represent and warrant that you are eighteen (18) years of age or older, and have read and understand the Terms of Use and have the legal capacity to agree to the Terms of Use. 2. Registration. You do not have to be a registered member to use the Site. However, there are certain chat-rooms, content and other features and services of the Site that require you to be a member in order to be accessed and used. Registration at the Site is free – if you are not yet a registered member, you may register at http://www.maggiesclubs.com/Registration. Upon registering with the Site, you agree that you will provide true, accurate and complete information regarding yourself in response to the registration questions, which will include your name, email address, date of birth and such other information as we may determine (the “Registration Data”). You may add to or revise your Registration Data and shall promptly update the Registration Data to ensure it is true, accurate and complete at all times. In the event that your Registration Data is untrue, inaccurate, incomplete or not current, or we have a reasonable belief of such, we will have the right to suspend or terminate your membership. Upon registration, you will have to select a screen name and password by which you will be identified as a member of the Site and by which you will be permitted to access your account. We may reject a screen name or require you to change it if we determine that such is offensive or violates the rights of a third party. Your profile must describe you and not any other person. You will be able to establish and control who will have the right to view your profile information and any of your Member Content. This will be controlled through the privacy settings that you choose upon registering and which you may change from time to time. To the extent that you post New Member Content on the Site, you will be asked at such time what privacy setting you would like for such Content. To the extent that you elect to have Member Content visible and accessible by a third party, such may be accessed by the public and, therefore, we would caution you to be cautious about the personal information that you elect to post. Regardless of your elections regarding privacy settings, your screen name and location always will be visible by any person accessing the Site. 3. Use of the Site. Your acceptance of the Terms of Use only permits you to use the Site for your personal use. You may not use the Site to advertise, solicit or sell goods or services to any other member, nor shall you use the Site for any other commercial purpose. If you are a commercial entity that would like information regarding offering goods or services on the Site for commercial purposes, please contact us at www.maggiesclubs.com. You may not authorize or permit any other person to use your account, and solely are responsible for any activity under your username. We will not be liable for any damages or losses resulting from an unauthorized use of your account. You may not use the Site in any manner that is inconsistent with any and all applicable laws, rules and regulations or for any unlawful purpose. You may not use or send any “Trojan horse”, spider, other automatic device, or manual process to monitor, "mine," or copy the web pages on the Site or the content contained therein, and may not otherwise upload, use or otherwise transmit any code, content or other files that contain a virus or other similar component. You may not take any action to interfere with, interrupt or limit the use or functionality of the Site. 4. Content and Rights to Remove Content. You are solely responsible for all messages, information, pictures, text, profiles and other content (“Member Content”) that you post, publish, display and distribute through your account, as well as for all communications that you may have on the Site or otherwise through the use of your account. All Member Content that you post, publish, display or distribute must comply with these Terms of Use and you are solely responsible and liable for all such Member Content and the consequences of the posting, publication, display or distribution thereof. Without limiting any other terms in these Terms of Use, you must first obtain any rights necessary (including copyright rights) to post, publish, display or distribute any Member Content, and further, you agree to not post, publish, display or distribute any Content that (i) is obscene, indecent, pornographic, threatening, inaccurate, defamatory or otherwise could give rise to either civil or criminal liability, (ii) contains any personal identifiable information of a third party, including his or her address, phone number, email address or social security number, or (iii) infringes or could infringe on any copyright, trademark, publicity, privacy or other intellectual property right of a third party, unless you have the written consent of such third party to use the Member Content in the manner in which you are posting, publishing, displaying or distributing it. We reserve the right, but do not have the obligation, to monitor, edit, reject, refuse to post and/or remove Site Content (even if it is Member Content designated as “private” by you) at any time without notice to you if we deem, in our sole discretion, that the Site Content violates these Terms of Service, violates or reasonably could violate applicable law, removal is necessary to protect the rights or safety of Maggie’s Clubs, the public or members of the Site, or we otherwise believe that such is not consistent with the intent of the Site. If you believe that any Site Content violates these Terms of Service or otherwise may violate applicable law or your intellectual property rights, please notify us at www.maggiesclubs.com; provided, however, we reserve the right to determine if the Site Content should be edited, rejected and/or removed in our sole discretion. 5. License to Content. You hereby grant, and you represent and warrant that you have the right to grant, to Maggie’s Clubs and our Affiliate Parties (as defined below) and the users of the Site, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, perform, display and distribute all Member Content and to prepare derivative works of, or incorporate into other works, such Member Content. 6. Privacy. Maggie’s Clubs values your privacy. You acknowledge that you have reviewed our Privacy Policy with respect to your Member Content that you provide at or to the Site. The Privacy Policy can be reviewed and downloaded at http://www.maggiesclub.com/Privacypolicy. 7. Proprietary Rights. Subject to your rights in your Member Content, and the license granted in Section 5 above, the Site and all material published on the Site including, without limitation, text, videos, graphics, photographs, sounds, messages and comments, and the configuration and arrangement and enhancement thereof, is owned by us or our licensors or other Affiliate Parties, and is protected by copyright, trademark, trade secret, patent and other proprietary rights, including, without limitation, copyright laws of the United States of America (“Site Content”).The copying, redistribution, use, modification, creation of derivative works or publication by you of any Site Content, except as set forth in Section 8 below, is strictly prohibited. All rights reserved. All trademarks and service marks (including, without limitation, Maggie’s Clubs) appearing on this Site (“Marks”) are trademarks or service marks of their respective owners, and may not be copied, duplicated or used without the prior written consent of the owner. 8. No License Granted. Except for your right to use the Site as set forth in these Terms of Use, neither Maggie’s Clubs nor any other Affiliate Party is granting you a license or right to use the Site Content, Marks or any other rights (including intellectual property) of Maggie’s Club or an Affiliate Party. 9. Links to Other Web Sites. The Site may provide advertisements, information and other content of a third party, an affiliate, partner, service provider or sponsor as well as links away from the Site to content, functionality and sites of third parties including Web sites, servers, networks, information, applications, software or other services and products (“Third Party Content”). Third Party Content may include surveys, questionnaires and contests, which you may choose to participate in or ignore at your discretion. We are not responsible for any Third Party Content (including its accuracy, opinions expressed therein or the questions posed or use of the information garnered thereby) that you may access, and we do not investigate, monitor or check such content. You hereby irrevocably waive any direct or indirect claim against us relating to or resulting from your use or reliance on such Third Party Content. Inclusion at the Site of a link to Third Party Content does not imply our approval or endorsement of the linked Third Party Content. In the event that you proceed to Third Party Content, you are responsible for your communications and transactions with such third parties including with regard to delivery of and/or payment for goods and services. 10. Communications from Maggie’s Clubs and Affiliate Parties. By registering as a member of the Site, you acknowledge and agree that you may receive communications from Maggie’s Clubs (including by email) including notices regarding the Site, surveys and promotional material regarding products of services of Maggie’s Clubs and Affiliated Parties. If you would like, at any time, to unsubscribe to our email list, please click the “Unsubscribe” link at the bottom of the email communication and you will be removed from that particular mailing list. 11. Surveys and Contests. As a registered member of the Site, you will have the opportunity to participate, in your discretion, with certain surveys and contests offered by us or an Affiliated Party. To participate, you may be asked to answer certain personal questions or otherwise provide personal information and may be required to review and accept terms and conditions with respect thereto– if you do not desire to accept the terms and conditions, or do not wish to provide the information requested, then you should decline to participate. 12. Indemnification. You agree to indemnify, defend and hold us and our partners, sponsors, affiliates, officers, directors, agents and representatives harmless from and against any liability, loss, claim, cost and expense of any kind, including reasonable attorneys’ fees, that we may incur in connection with or as a result of your violation of the Terms of Use or use of the Site. We reserve the right to assume (at your expense) the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us, in all reasonable respects. 13. Disclaimer of Warranties. ALL SITE CONTENT ON, FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED BY US AND OUR AFFILIATES, PARTNERS, SPONSORS AND SERVICE PROVIDERS (TOGETHER, THE “AFFILIATED PARTIES”) (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFECT, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES THAT ACCESS TO THE SITE AND ANY THIRD PARTY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE). THE SITE AND ANY INFORMATION AND SERVICES THEREON MAY CONTAIN BUGS, ERRORS OR OTHER LIMITATIONS. NO COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY AFFILIATED PARTY IS RENDERING LEGAL, MEDICAL, FINANCIAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. 14. Limitation of Liability. NEITHER US NOR OUR AFFILIATED PARTIES SHALL HAVE ANY LIABILITY FOR YOUR USE OF THE SITE AND ANY INFORMATION OR SERVICE THEREAT OR THEREFROM. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, IN NO EVENT WILL WE AND OUR AFFILIATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE OR OTHERWISE AT OR OBTAINED FROM THE SITE, IN ANY FORM, IS DISCLAIMED. THIS SITE AND THE INFORMATION AND SERVICES THEREON WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. FURTHER, AND WITHOUT LIMITATION OF THE FOREGOING, NEITHER US NOR ANY AFFILIATED PARTY IS LIABLE OR RESPONSIBLE FOR (I) ANY CONTENT, INCLUDING WITHOUT LIMITATION, CONTENT THAT IS OBSCENE, INDECENT, INFRINGING, THREATENING, INACCURATE, DEFAMATORY OR TORTUROUS, OR (II) ACTS OR OTHER CONDUCT OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION, THEIR COMMUNICATIONS AND CONTENT, OR (III) ANY VIRUS OR OTHER DISABLING FEATURE OR ACTION AFFECTING YOUR USE OR ACCESS TO THE SITE, OR (IV) DAMAGES FROM OR CLAIMS RELATING TO THIRD PARTY CONTENT, OR (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. IN THE EVENT THAT ANY WARRANTY DISCLAIMER OR DISCLAIMER OF LIABILITY SHALL BE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAGGIE’S CLUBS AND ITS AFFILIATED PARTIES FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). 15. Copyrights and Notice and Procedures for Infringement Claims. We respect the copyright and other intellectual property rights of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement (or any other infringement), please provide us with written notice with at least the following information: a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b) A description of the copyrighted work that you claim has been infringed; c) A description of where the material that you claim is infringing is located on the Site; d) Your address, telephone number, and e-mail address; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is: By mail: Maggie’s Clubs, Copyright Agent C/O Evolution Events Online, Inc. 16. Views of Others. The statements and opinions of third parties expressed in this Site -- for instance in personal homepages or chat-room sections -- are those or their authors and not necessarily the statements and opinions of Maggie’s Clubs. While one of the missions of the Site is to create an environment for the sharing of our members’ views, we do not endorse the statements or opinions of others and take no responsibility for nor shall we have any liability for any such statements or opinions. 17. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable. 18. Choice of Law and Venue for Dispute Resolution. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without reference to any conflicts of law principles. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) or otherwise in connection with the Terms of Use (i) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, (ii) shall be subject to the limitations set forth in these Terms of Use, and (iii) shall be brought solely in a State or Federal court located in Monroe County, New York, United States of America. You expressly submit to the exclusive jurisdiction of such courts and consent to extraterritorial service of process. 19. Notices to Evolution Events Online, Inc. Unless otherwise expressly set forth herein, you may notify us by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by postal mail at 274 North Goodman Street, Rochester, New York 14607, Attn: Admin. 20. Miscellaneous. The Terms of Use constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Terms of Use. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Our failure to enforce any provision of this Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The language in this Terms of Use shall be interpreted as in accordance with its fair meaning and not strictly for or against us or you. |